Opinion Dealt with Private Attorney General Issues. On February 26, 2020, we posted on the February 24 unpublished decision in Save the Agoura Cornell Knoll v. City of Agoura Hills, Case No. B292246 (2d Dist., Div. 7). We can now report that it was certified for publication on March 17, 2020. The decision held […]
Plaintiff’s Hope For A Fees Award Now Depends On Prevailing Party Determination Under A “Catalyst Theory.” This next case includes an interesting discussion of fee recovery under a catalyst theory – a factual basis for fee recovery where a plaintiff may be considered a prevailing party by achieving its litigation objectives through the
CUP/Oak Tree Dispute Only Producing Non-Merits Administrative Stay Did Not Qualify For CCP § 1021.5 Fees. On February 20, 2020, we posted on Canyon Crest Conservancy v. County of Los Angeles (Kuhn), Case No. B290379 (2d Dist., Div. 4 Feb. 19, 2020), unpublished at the time. We can now report that it was published
Strict Adherence To Attorney General Notice Requirements Does Not Preclude Fee Awards, And Limited Partner Was Hit With Fees Because He Held Himself Out As Property Owner And Participated In Litigation As Real Party In Interest. Gigantic oak tree on the Tejon Ranch, Kern county, Calif.; Indian man, woman and small girl in front of
$289,544 In Fees Correctly Denied By The Trial Judge On Appeal. In Canyon Crest Conservancy v. County of Los Angeles, Case No. B290379 (2d Dist., Div. 4 Feb. 19, 2020) (unpublished), plaintiff obtained a minor conditional use permit and oak tree permit in connection with constructing a single-family house in undeveloped property in Los
Plaintiff Did Not Prevail Against Governmental Entity So That $7,500 Government Code Section 800 Award Went POOF! On Appeal. Ya know, appellate proceedings can really change results at the trial court level at different junctures of a case. 1041 20th Street, LLC v. Santa Monica Rent Control Bd., Case No. B295812 (2d Dist., Div.
Relatively Small Class Of Individuals Involved, Plus An Attenuated Public Interest, Justified Denial Of Fees. In Villarreal v. Gordon, Case No. B291027 (2d Dist., Div. 1 Dec. 19, 2019) (unpublished), certified for publication on January 10, 2020, a petitioner prevailed on a mandate writ petition by which the DMV was not going to give
Dissenting Justice Found Fee Award Appropriate As Successful Writ Petition Conferred A Significant Benefit To The Public Or At Least To The Large Class Of California Public Works Contractors. In Hobbs Construction, Inc. v. Dept. of Industrial Relations, Case No. D074385 (4th Dist., Div. 1 November 22, 2019) (unpublished), the Division of Labor
End Result Was A San Diego Newspaper Garnered Almost $149,000 In Attorney’s Fees After The Judgment Modified To Allow For Additional Reply Brief Work. In City of Los Angeles v. Metropolitan Water District of Southern California, Case No. B272169 (2d Dist., Div. 8 Nov. 19, 2019) (published), a San Diego newspaper which successfully intervened
September 9, 2019 Unpublished Decision Now Partially Published. On September 9, 2019, we posted on then unpublished decision in Hawkins v. City of Los Angeles, which dealt with the Bane Act/Whistleblower Retaliation victories, and $1,054,286.88 attorney’s fees award, obtained by two fired Department of Transportation hearing examiners who had sued the City of Los
